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|Florida Office of Insurance Regulation Hearing on Proposed Repeals to Civil Remedy Filing, Continuing Education Rules Not Requested|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 8, 2014, previously published on June 19, 2014A Florida Office of Insurance Regulation ("OIR") Proposed Rule Hearing scheduled for today, June 19, 2014, was not held, since no formal public request to do so had been made.
|Nancy Grodin Named Deputy Maryland Insurance Commissioner|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
July 8, 2014, previously published on July 1, 2014Maryland Insurance Commissioner Therese M. Goldsmith announced the appointment of Ms. Nancy Grodin as Deputy Insurance Commissioner, effective today, July 1, 2014. As Deputy Commissioner, Ms. Grodin will oversee day-to-day operations of the Maryland Insurance Administration ("MIA").
|Class Action Rico and Antitrust Suit Filed Against Insurance Industry|
Robert M. Ferm, Kenneth H. Lyman, Lisa F. Mickley, Kevin E. O'Brien; Hall & Evans, L.L.C.;
July 7, 2014, previously published on June 25, 2014A class action lawsuit was filed against the insurance industry in the United States District Court, District of Colorado, on June 21, 2014. The suit names more than 100 insurers writing property policies, as well as trade groups and other trade and business organizations, such as ACORD...
|The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General Contractor’s Commercial General Liability Policy in Owners Insurance Company v. Jim Carr Homebuilder, LLC|
Daniel L. Burkard; Burr & Forman LLP;
July 7, 2014, previously published on June 24, 2014On March 28, 2014, the Alabama Supreme Court withdrew its September 20, 2013 opinion and substituted a new decision in Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 WL 1270629 (Ala. Mar. 28, 2013). In its new decision, the Alabama Supreme Court held that the definition of...
|Judge Rambo of the Middle District of Pennsylvania Addresses Scope of Bad Faith Discovery in the Post-Koken World|
Thomas Thomas Hafer LLP;
July 7, 2014, previously published on May 30, 2014One current battle ground in UIM and bad faith litigation is the parameters and timing of discovery in support of bad faith claims. Judge Sylvia H. Rambo addressed the scope of this bad faith discovery in Keefer v. Erie Insurance Exchange (No. 1:13-CV-1938)(M.D. Pa. March 7, 2014) where the UIM and...
|Georgia Court Of Appeals Says "Applicable" Is Ambiguous|
Carlock Copeland Stair LLP;
July 4, 2014, previously published on May 16, 2014The availability of UM coverage in varying circumstances is keeping Georgia’s appellate courts busy. As claimants look for all available means of recovery, their insurers and the courts are struggling to keep up with a landscape that changes on a near-weekly basis. Although it has long been...
|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...
|California Issues Long-Awaited Decision in Hartford v. Swift, Finding No Coverage For Claims of "Implied" Disparagement|
Bryan M. Weiss; Murchison & Cumming, LLP;
July 1, 2014, previously published on June 12, 2014 On June 12, 2014, the California Supreme Court issued its decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., affirming the Court of Appeal's ruling that Hartford's CGL policy did not potentially cover claims made against its insured for "implied" disparagement, i.e.,...
|The Second District Issues Useful Case Relative to Commercial General Liability for Construction Defects, Clarifying CA law on Concept of “Property Damage” and “Impaired Property”|
John H. Podesta; Murchison & Cumming, LLP;
July 1, 2014, previously published on June 17, 2014In this recent case, Regional Steel v Liberty Surplus, the subcontractor/steel fabricator, supplied steel seismic tie hooks that were the wrong angle (90 versus 135 degrees). The subcontractor sued the owner and GC for non-payment of the contract, which was followed by a cross complaint back...
|Insured Stated A Bad Faith Claim by Alleging Enough Facts to Put Reasonableness of the Insurer’s Coverage Denial at Issue, and Thus Discovery was Needed to Determine the Issued of Reasonableness (Middle District)|
Fineman Krekstein Harris P.C.;
June 27, 2014, previously published on June 11, 2014In Rizk v. State Farm Fire & Cas. Co., the insured had a homeowners policy that excluded coverage for frozen plumbing pipes; however, the exclusion did not apply “if the insured used reasonable care to maintain heat in the building.” The insured alleged that although he was away...